NOTICES

Novelties introduced by the recent sentence of the Supreme Court, of 1 June 2010, which declares null and void several sections of Royal Decree 240/2007, of 16 February, with regard to entrance, free circulation and residence in Spain of citizens from the European Union member states and other states which are included in the agreement of European Economic Space.

On 3 November 2010, the Official State Gazette published the sentence of the Supreme Court, of 1 June 2010, with regard to the 240/2007, of 16 February, with regard to the contentious-administrative appeal no. 114/2007, filed against Royal Decree 240/2007, of 16 February, regarding the entrance, free circulation and residence in Spain of citizens from the European Union member states and other states which are included in the agreement of European Economic Space.

The Supreme Court's recent sentence determines the following brief explanation:

• The application of the European Union regime for immigration to those people who are ascendants of Spanish citizens or of their registered spouse or partner.
• The lack of purposes of legal separation with regard to the application of the European Union regime for immigration of the spouse of the EC citizen. 
• The application of the European Union regime for immigration to the registered common-law partner of a EC citizen, regardless of the pertinent legal system preventing or not the possibility of two EC registrations.
• The right to work of the descendant over the age of 21 and the ancestors, without detriment to their condition of persons responsible for the EC citizen.
• The maintenance, carried out by the family members, of the residence in European Union regime in the event of death of the EC citizen, as long as they have lived together prior to the event. 
• The obligation to establish a period of voluntary exit in all cases in which there is established an expulsion from Spain of a person benefiting from the European Union regime for immigration. 
• The application of the norm with regard to enabling entrance and residence of family members not included in the European Union regime, without limitations regarding the degree of kinship which links them to the EU citizen.

In accordance to article 73 of Law 29/1998, the sentence will not be applicable to firm administrative actions in which the null and void articles have been applied.

However, they will be applicable regarding the administrative procedures in course on the date the Official State Gazette is published.

LEGAL AND LABOUR DEPARTAMENT
Mrs Itziar Ruedas
Lawyer
Telephone 902 496 450